Pubdate: Sat, 03 Jan 2015
Source: Trentonian, The (NJ)
Copyright: 2015 The Trentonian
Contact:  http://www.trentonian.com
Details: http://www.mapinc.org/media/1006
Author: Edward Forchion, NJWeedman.com For The Trentonain

WE THE PEOPLE ARE WINNING!

2014 was a weird year for me, and good riddance. I started out 2014 
in the horrible Burlington County Jail and ended it as the writer of 
this weekly column for The Trentonian  yeah, that's weird!

My new year's resolution(s): to eat better and to open a religious 
temple in Trenton that provides marijuana to its congregants.

I hope everyone has a happy new year, but we all know there will be a 
lot of unhappiness in 2015 as there is every year. Sorry to be a 
schleprock. My hope is marijuana legalization happens in 2015, but 
I'm not a dope. It won't, but we are winning the war on the herb.

The legal marijuana landscape of New Jersey changed four years ago 
when Gov. Corzine signed the New Jersey Medical Marijuana 
Compassionate Use Act into law as he left office on Jan. 18, 2010. 
Yet on the marijuana drug war front 22,000 New Jerseyans were 
arrested in 2014. Because Gov. Christie and the state legislators 
refuse to legalize marijuana, 22,000 more will be arrested and ruined 
by our state's marijuana laws in 2015.

But strangely, I think we the potheads of America have won our war on 
drugs: the public is now on our side. The gov't just refuses to quit - weird.

Luckily this country was founded on a "checks and balances" principle 
of the three branches of government, and I believe the courts will 
force the other two branches to surrender.

Here is my assessment of Legalization in 2015, by branch.

Executive - Although the chief executive, President Obama, through 
the Department of Justice (DEA) could end the war on marijuana by 
simply rescheduling marijuana from Schedule 1 or de-scheduling it 
altogether, I doubt he'll do it this year. I'm secretly still hoping 
he pulls a "Corzine" and legalizes marijuana nationally on his way 
out the door in 2016. Choom Choom!

Legislative - I don't think the U.S. Congress will legalize marijuana 
in 2015; both major parties are heavily invested in the war on drugs 
and 900,000 people are arrested each year. Billions are seized, 
billions are spent supporting the prison industry, and all the 
contracts and profits are handled by the lawyers. Neither Party is 
willing to give up the Cannabis Cash Cow.

Judicial - Here there is much hope: several medical marijuana cases 
throughout the nation that challenge the classification of marijuana 
as a schedule 1 drug, among other arguments, are working their way 
through federal and state courts.

This is where I always believed true drug policy change in regard to 
marijuana would occur. I always believed there would be a "Roe v. 
Wade" or "Brown v. Board of Education" type case involving marijuana 
a case that would reach the U.S. Supreme Court and change the laws 
nationally. In past years I've hoped the California vs Oakland 
Cannabis Buyers (2001) case or the California Vs Raich (2005) would 
do it. They didn't, but I still believe a court case will change the 
marijuana laws before either of the other two branches get around to 
admitting defeat.

I believe I will have a major victory here in the state courts of New 
Jersey. New Jersey court watchers and media representatives are 
closely watching my case  State of New Jersey vs Forchion - A-004052.

In it I've challenged the very constitutionally of the current New 
Jersey 2:c criminal laws that classify marijuana as having "no 
accepted medical use" (and is thus illegal), while simultaneously 
having "The New Jersey Medical Marijuana Compassionate Use Act" that 
specifically recognizes marijuana's medical acceptability. This 
opposition in two current laws creates a devilish unconstitutional duplicity.

Arresting some citizens, mostly those of color, under our state's 2:c 
laws while allowing others, mostly whites, to grow, distribute, and 
consume under our state's medical marijuana laws is fundamentally 
flawed and unconstitutional. Everyone in New Jersey who is prosecuted 
under our 2:c laws has been prosecuted unjustly since Jan. 18, 2010.

On a basic constitutional level, this is an unforgivable violation of 
our nation's equal protection rights guaranteed by the 5th and 14th 
amendments. I believe the New Jersey courts will make new law as they 
fix this flaw in 2015, or who knows, maybe my case will be heard by 
the U.S. Supreme Court.

There was major good news in 2014 for medical pot smokers on the 
national level:

The prolonged federal war on medical marijuana was effectively ended 
last month when the Congress passed a $1.1 trillion federal spending 
bill. One of the bill's amendments prohibits the Department of 
Justice from spending money to prosecute medical marijuana 
dispensaries or patients who are abiding by the laws of their state.

Last year the Department of Justice pledged not to interfere with 
state marijuana laws implementation. The DOJ's earlier pledges left 
it plenty of wiggle room to change its mind, as it has before. This 
new Hinchey-Rohrbacher amendment leaves me skeptical  actions speak 
louder than words.

In 2009 the federal government made similar statements, i.e., the 
Ogden Memo. At the time I was the owner of the Liberty Bell Temple, a 
Rastafarian temple that provided medical and sacramental marijuana on 
Hollywood Blvd., in Hollywood, California. I was so happy with that 
memo that in January 2010 I held a big Hollywood mansion party 
celebrating the Ogden Memo's directives. This celebration party was 
covered nationally, even TMZ covered it. All this just to have my own 
Liberty Bell Temple raided and put out of business by the Department 
of Justice in 2011

So yes I'm looking for actions not the words.

Deep in the 1,603-page federal spending measure the 
"Hinchey-Rohrbacher amendment", that effectively ends federal medical 
marijuana prohibition. The bill's passage last month heralds a major 
shift in drug policy and it is the first time Congress has approved 
legislation of national significance that is backed by legalization 
advocates across the nation. It almost brings to a close two decades 
of tension between state governments and the federal government over 
the medical use of marijuana.

We will see in 2015.
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MAP posted-by: Jay Bergstrom